MACFARLAND v. STATE

No. 5D05-2608.

929 So.2d 549 (2006)

David William MacFARLAND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 7, 2006.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeffrey R. Casey, Assistant Attorney General, Daytona Beach, for Appellee.


PLEUS, C.J.

MacFarland appeals the denial, after an evidentiary hearing, of his motion for postconviction relief. He argues that the lower court erred in finding that his claim of newly discovered evidence was untimely because it should have been raised within two years of the time it could have been discovered through the use of due diligence. He also argues that the court erred in concluding that withdrawal of his plea was not required to correct a manifest injustice...

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